Probate

The Portland Oregon attorneys at Harris Law Firm
are experienced when it comes to settling estates. We help resolve claims and distribute the
deceased person’s property under a valid Will, or through intestate (no Will) succession.
Continue reading to learn more about Portland probate guardianships
and conservatorships in Oregon. Harris Law Firm is dedicated to efficiently
representing probate clients in the Portland Oregon metro area.

What Is Probate?

Probate is a legal process whereby a court oversees the distribution of assets left by a
deceased person’s Will, or if there is no Will, according to intestate laws. Assets are
anything a person owns with value, such as real and personal property and cash, for
instance.

Do I Have To File A Probate?

Probate is not always required. If a person dies leaving very few assets, such as personal
belongings or household goods, these items can be distributed among the rightful
beneficiaries without the supervision of the court. Or, if the deceased owned everything in
co-ownership, for instance all bank accounts were joint with rights of survivorship (with a
spouse or children), and then those assets pass automatically to the surviving co-owner.

Probate is generally necessary to: Clear title to land, stocks and bonds, or large bank or
savings and loan accounts that were held in the name of the deceased person only; Collect
debts owed to the deceased person; Settle disputes between beneficiaries or heirs.

What Happens During The Probate Process?

If there is a Will, then the Will is “proved” and delivered to the court. If there is no
Will, then someone, usually a spouse or child, files a Petition for intestate (no Will)
probate.

A personal representative is selected. A personal representative is someone who handles the
deceased person’s affairs. A will generally names a personal representative who, if willing
to serve and otherwise qualified, will be approved by the court. If a person dies without a
will, after filing a petition for probate, the court will select the personal
representative, usually the spouse, an adult child or another close relative.

A notice to creditors is published in a local newspaper notifying creditors that they have
four months to bring any claim against the estate for debts the deceased person owes
them.

The heirs and any people named in a will are notified of the probate proceeding.

Assets are identified and an inventory is prepared and filed with the court.

All proven debts of the deceased are paid.

Tax returns are prepared.

An accounting is prepared showing all money paid out from the estate and all money collected
by the estate.

After court approval of the account and payment of all unpaid probate expenses, the deceased
person’s assets are distributed to heirs and beneficiaries.

GUARDIANSHIPS & CONSERVATORSHIPS

A conservator is a person appointed by the court with the authority and duty
to manage the financial affairs of a person needing protection, such as a minor (under 18
years) or an adult incapacitated person if a judge determines that the individual lacks the
capacity to manage his or her financial resources. The conservator can be an individual
(family member or trusted friend), bank, trust company, or professional fiduciary. The
conservator is empowered to take possession of the protected person's assets and income, and
provides for payment of the protected person's expenses.

The conservator becomes the sole financial decision-maker for the protected person. The
protected person loses all control of his or her property and assets, except for a few
limited powers in certain situations.

A guardian is a person named by the court who has the authority and duty to
make personal and health care decisions for a minor (under 18 years) or an adult
incapacitated person. A guardian may determine where the protected person will reside and
what medical care he or she will receive. The court may appoint a guardian either with
unlimited authority, or only for specific actions.

A guardian generally does not make financial decisions. The court may appoint a conservator
to manage the finances of the protected person, and on some cases the Guardian and
Conservator are the same person.

Harris Law Firm, located in Portland Oregon, probate attorneys are dedicated to serving
Portland residents with the highest quality probate attorney / lawyer services. We have an
excellent track record in Portland and Portland's surrounding cities. Call Harris Law Firm
for Portland probate attorney representation. Professional Portland attorney services 503-648-4777.

Our Probate Attorneys

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ABOUT HARRIS LAW FIRM

We are a full service law firm with three offices in the Portland metro area. We offer a free 15 minute interview, capable attorneys and staff to assist clients in a variety of legal matters. If for some reason we can't help you, we can refer you to an attorney who can.